The short title of this chapter shall be the
"Latrobe Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout
this chapter shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
ALUMINUM
Empty all-aluminum beverage or food cans.
COLLECTOR
The entity or entities authorized by Latrobe to collect recyclable
materials from residences or authorized by commercial, municipal and
institutional establishments that do not receive collection services
from Latrobe to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
more than four dwelling units.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
socials, picnics and organized sporting events attended by 200 or
more individuals per day.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
GENERATOR
A person who is an owner of or has the right of possession
to real property upon which recyclable materials are used or located
and who shall be responsible for complying with the provisions of
this chapter and the rules and regulations established thereunder.
GLASS CONTAINERS, CLEAR
Bottles and jars made of clear glass. Expressly excluded
are noncontainer glass, plate glass, automotive glass, light bulbs,
blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
LEAD-ACID BATTERIES
Includes, but shall not be limited to automotive, truck and
industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, but not including
garden residues, chopped shrubbery, tree trimmings and grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
MUNICIPAL ESTABLISHMENT
Public facilities operated by Latrobe and other governmental
and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid or contained gaseous material,
resulting from the operation of residential, municipal, commercial
or institutional establishments and from community activities and
any sludge not meeting the definition of residual or hazardous waste
in the Solid Waste Management Act from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded are newspapers which have been soiled, color comics, glossy
advertising inserts and advertising inserts printed in colors other
than black and white often included with newspapers.
PERSON(S)
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments, whether natural, corporate
or otherwise.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide
variety of types of plastic, the municipality may stipulate specific
types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by Latrobe and
can be separated from municipal waste and returned to commerce to
be reused as a resource in the development of useful products. "Recyclable
materials" may include, but are not necessarily limited to, clear
glass, colored glass, aluminum, steel and bimetallic cans, high-grade
office paper, newsprint, corrugated paper, leaf waste, plastics and
any other items selected by Latrobe or specified in future revisions
to Act 101. The "recyclable materials" selected by Latrobe may be
revised from time to time as deemed necessary by Latrobe.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials.
RESIDENCES
Any occupied single- or multifamily dwellings for which Latrobe
provides municipal waste collection service.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Pennsylvania Department of Environmental
Resources for beneficial use.
All recyclable materials placed by persons for collection by Latrobe or authorized collector pursuant to this chapter shall, from time of placement at the curb, become the property of Latrobe or the authorized collector, except as otherwise provided by §
305-7 of this chapter. Nothing in this chapter shall be deemed to impair the ownership of separated recycled materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this chapter for
any person, firm or corporation other than Latrobe or one authorized
by the Council of Latrobe or other entity responsible for providing
for collection of recyclable materials placed by residences or commercial,
municipal and institutional establishments for collection by Latrobe
or an authorized collector to collect, pick up or cause to be collected
or picked up any recyclables, unless such person, firm or corporation
has prior written permission from the generator to make such collection.
In violation hereof, unauthorized collection from one or more residences
or commercial, municipal and institutional establishments on one calendar
day shall constitute a separate and distinct offense punishable as
hereinafter provided.
Any residence or commercial, municipal or institutional
establishment may donate or sell recyclable materials to any person,
firm or corporation, whether operating for profit or not, provided
that the receiving person, firm or corporation shall not collect such
donated recyclable materials from the collection point of a residence
or commercial, municipal or institutional establishment without prior
written permission from the Council of Latrobe or other entity responsible
for authorizing collection of recyclable materials to make such a
collection.
Disposal by persons of recyclable materials
with municipal waste is prohibited and shall be a violation of this
chapter. The collected recycled materials shall be taken to a recycling
facility. Disposal by collectors or operators of recycling facilities
of source-separated recyclable materials in landfills or to be burned
in incinerators is prohibited.
Latrobe may enter into (an) agreement(s) with
public or private agencies or firms to authorize them to collect all
or part of the recyclable materials from curbside.
Latrobe may, from time to time, modify, add to or remove from the rules and regulations herein and as authorized in §
305-9.
The following Rules and Regulations are established
under this chapter (Ordinance No. 1990-6, entitled "Excluding Certain
Recyclable Materials from Municipal Waste, Establishing a Recyclable
Material Resource Recovery Program and Fixing Penalties for the Violation
Thereof"). These rules and regulations, which are attached to and
are a part of this chapter, may be amended from time to time by resolution
of the Council of Latrobe. The rules and regulations are as follows:
A. Establishing recyclable materials for separation by
residences, commercial, municipal and institutional establishments.
(1) Residences. All residential generators shall be required
to separate from municipal waste all newspaper, aluminum, steel and
bimetallic containers and clear glass. In addition, all residential
generators shall also be required to separate from municipal waste
all leaf waste.
(2) Commercial, municipal and institutional establishments.
All commercial, municipal and institutional generators shall be required
to separate from municipal waste all corrugated paper, high-grade
office paper and aluminum containers. These generators shall also
be required to separate all leaf waste.
(3) Community activities attended by 200 or more individuals
per day. The organizers of community activities (who are deemed to
be generators) shall be required to separate corrugated paper, high-grade
office paper and aluminum containers.
B. Establishing collection procedures for recyclable
materials. Residences and commercial, municipal and institutional
establishments and community activities shall be required to follow
the collection procedures set forth below:
(1) Residences.
(a)
Residential generators shall be required to
store all aluminum containers, steel and bimetallic containers, clear
glass and newspapers in containers approved by and provided to the
generator by Latrobe. The containers shall be placed at the normal
place for collection for municipal waste on the normal collection
day by each generator. Each generator is encouraged not to place the
recyclable material container for collection until it is full.
(b)
Leaf waste shall be collected and grouped along the curb of
the street near the location of the normal place of collection for
municipal waste. The dates, times, and manner of collection of the
leaf waste shall be as set forth by the City or the Public Works Department
pursuant to their rules, which shall be communicated to the public
at large by the City or the Public Works Department. The City or the
Public Works Department shall be permitted to authorize the leaf waste
to be collected in biodegradable bags and placed at curbside, in loose
leaf form piled at the curb, or any other means deemed appropriate
by the City or the Public Works Department.
[Amended 6-11-2018 by Ord. No. 2018-6]
(2) Commercial, municipal and institutional establishments.
(a)
Collection procedures for generators falling
under this classification shall be determined by Latrobe on an individual
basis upon consultation with each generator. Both frequency of collection
and manner of collection shall be determined on a case-by-case basis.
Recyclables must, however, be placed in containers approved by Latrobe.
(b)
Leaf waste shall be collected and grouped along the curb of
the street near the location of the normal place of collection for
municipal waste. The dates, times, and manner of collection of the
leaf waste shall be as set forth by the Public Works Department pursuant
to their rules, which shall be communicated to the public at large
by the Public Works Department. The Public Works Department shall
be permitted to authorize the leaf waste to be collected in biodegradable
bags and placed at curbside, in loose leaf form piled at the curb,
or any other means deemed appropriate by the Public Works Department.
[Amended 6-11-2018 by Ord. No. 2018-6]
(3) Community activities. Collection procedures for generators
falling under this classification shall be determined by Latrobe on
an individual basis upon consultation with each generator. Both frequency
of collection and manner of collection shall be determined on a case-by-case
basis. Recyclables must, however, be placed in containers approved
by Latrobe.
C. Establishing procedures for the distribution, monitoring
and collection of recyclable containers.
(1) Residential. No fewer than one approved container
shall be provided by Latrobe to each residential property. The cost
of providing and distributing containers, if any, shall be made by
subsequent amendment to these rules and regulations, with proper notice
to be given.
(2) Commercial, municipal and institutional establishments.
No fewer than one approved container shall be provided by Latrobe
to each commercial, municipal and institutional establishment. The
cost of providing and distributing containers, if any, shall be made
by subsequent amendment to these rules and regulations, with proper
notice to be given.
(3) Community activities. No fewer than one approved container
shall be provided by Latrobe to each organizer of a community activity.
The cost of providing and distributing containers, if any, shall be
made by subsequent amendment to these rules and regulations, with
proper notice to be given.
D. Cost of maintenance of program. It is the intent of
Latrobe to minimize the cost of collection of recyclable materials
to all generators. Charges, if any, to generators of recyclable materials
will be determined by an ongoing review of the cost of this program
to Latrobe. The assessment of any cost to a generator and the amount
will be determined by subsequent amendment to these rules and regulations,
with proper notice to be given. Latrobe reserves the right to determine
and apportion cost on a different basis between each classification
of generators, depending upon volume, frequency and manner of collection.
E. Establishing reporting procedures. Reporting of the
collection of recyclable materials by collectors other than Latrobe
shall be made to Latrobe at such frequency and in such form and manner
as hereinafter determined by Latrobe and any applicable federal, state
or local law, rule or regulation.
F. Additional rules and regulations.
(1) The Director of Administration and Finance shall be
responsible for developing and implementing additional rules and regulations
for the day-to-day operation of the recycling program as may become
necessary. Any additional rule or regulation not set forth herein
which shall create an obligation or duty upon any affected generator
shall be implemented by resolution of the Council of Latrobe with
notice provided which shall be no less than public notice advertised
one time in a newspaper of general circulation within Latrobe.
(2) These rules and regulations are hereby enacted by
adoption of this chapter, to which they are attached and incorporated
therein, this ninth day of July 1990.